Cap-and-trade regulations are here: Time to choose the compliance level that meets your company's needs
Even though cap-and-trade legal limits on gas emissions are not yet happening at the federal level or in most states, California steadily marched toward a January 2012 launch of its program, which covers the electricity generation industry sector, covering about 360 companies at 600 facilities. By 2015, enforcement in that state will extend to transportation, residential, and commercial fuels, which account for 85 percent of the state’s total carbon emissions. It is clear that, over the next couple of years, California’s current actions will have far broader implications beyond state lines. At a minimum, the California model will set a precedent in what is likely to be a continuing carbon emissions issue, and it will directly impact operations of suppliers of electricity into the state.
So, love ‘em or hate ‘em, legal limits on greenhouse gas emissions are an emerging business reality that many companies will likely have to manage. Much like the experience of Europe in this area, the California model will feature a fixed cap with trading that gradually declines over years. Eventually, this could have a material, financial impact on companies subject to the cap. In short, it’s time for companies that will be subject to this new law to start getting ready. From a risk management and business efficiency perspective, for example, it makes sense to develop an awareness and understanding of how emission regulations may expose your organization to pricing and other market risks, how it can impact your supply chain, and ultimately how it affects your resourcing, competitiveness, and bottom line.
In our work with clients, we are seeing three strategic approaches that companies can take now to get ready. Each is distinguished by its level of compliance, and, subsequently, degree of overall responsiveness:
1-The first option can be described as basic compliance in which the company does just enough to satisfy requirements without making any major changes to operations. This approach involves buying necessary allowances at prevailing market rates to cover anticipated emission levels.
2-The second approach is what we call enhanced compliance, because the company engages in forward-looking data analysis and scenario planning to identify carbon portfolio options that align with the organization’s business goals and risk appetite. In other words, you don’t just comply, you create business value through strategic management of your carbon portfolio.
3-We call the third option beyond compliance, as it involves a holistic, ROI-based review of operations--and perhaps those of your supply chain partners--to explore ways to become more efficient and cut emissions and waste. It employs the same type of data analysis found in option two, but drills deeper into how your organization and suppliers actually use energy and what the external market factors are, enabling you to identify more ways to add to your bottom line and to more effectively integrate compliance efforts throughout your organization.
When cap-and-trade starts to become a reality for your organization, the first step will be to understand how the new regulations affect your business and when. Beyond that, it becomes a matter of some degree of choice. Whatever direction you choose, we believe now is the time to start developing a data-gathering and reporting approach that aligns with the needs of your business. Moreover, we believe that the three options described above offer an important strategic way of thinking about your compliance needs and options, rather than only a limited focus on compliance per se. Companies that wait may find themselves spending increased amounts of money and resources later on; and early birds might just get an important leg up.
Stephen Engler
Director
Deloitte & Touche LLP